3466. Adulteration and misbranding of brandy.   U. S. v. 9 Cases of Brandy, So Called.   Con??
sent decree of condemnation and forfeiture.   Product released on bond.   (F. & D.
No. 5621.   I. S. No. 3385-h.   S. No. E-4.)
On March 11, 1914, the United States attorney for the District of Connecticut,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district a libel for the seizure and condemnation of 9 cases, each?
containing 12 bottles of so-called brandy, remaining unsold in the original unbroken?
packages at Hartford, Conn., alleging that the product had been shipped on or about?
November 12, 1913, by the A. De Claremont Co. (Inc.), New York, N. Y., and trans??
ported from the State of New York into the State of Connecticut, and charging adulter??
ation and misbranding in violation of the Food and Drugs Act. The cases were?
labeled: "Superior quality A. De Claremont Company, type Brandy in case 1 doz.?
5's, 84274,11-13-13." The bottles were labeled: "Cognac Type Brandy. A. De Clare??
mont Company, New York, Guaranteed Under the Pure Food and Drugs Act, June 30,?
1906. Serial number 2257. Unexcelled for Purity and Mellowness, one of our many?
products, compounded and bottled in New York, and guaranteed by A. De Claremont?
Company, under the Pure Food and Drugs Act of June 30th, 1906, serial number 2257.?
1/5 Gallon."
Adulteration of the product was alleged in the libel for the reason that the article?
was not a brandy of the cognac type, but that an imitation brandy artificially colored?
had been substituted in whole or in part, and had been mixed and packed with the?
brandy in such a manner as to reduce or lower the quality and strength of the product.?
Misbranding was alleged for the reason that the labels on the retail packages or bottles?
stated that the containers held "1/5 gallon," whereas in truth and in fact the con??
tents only measured 648 cubic centimeters, that is to say, 14.4 per cent short of the?
declared volume, and, further, in that the labels on such retail packages or bottles
704	
BUREAU  OF  CHEMISTRY.	
[September, 1914.
bore certain statements, designs, and devices regarding said brandy, so called, which?
were false and misleading in that the product was declared to be "Cognac Type?
Brandy," when in truth and in fact the product was an imitation brandy, artificially?
colored, which had been substituted for and mixed with the article in such a manner?
as to reduce its quality and strength; and the said labels also bore pictorial representa??
tions of clusters of grapes designed and intended to indicate the article to be grape?
brandy, when in truth and in fact an imitation brandy artificially colored had been?
substituted therefor.
On April 17, 1914, the said A. De Claremont Co., claimant, having consented to a?
decree, judgment of condemnation and forfeiture was entered, and it was ordered?
by the court that the product should be redelivered to said claimant upon payment?
of the costs of the proceeding and the execution of bond in the sum of $100, in con??
formity with section 10 of the act.
D. F. HOUSTON, Secretary of Agriculture.
WASHINGTON, D. C, September 28, 1914.